Giving practice directionsE+W
3(1)Practice directions under paragraph 1 may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005.
(2)Practice directions under paragraph 1 may be given otherwise than in accordance with that Part of that Schedule; but, in this case, the directions may not be given without the approval of—
(a)the Lord Chancellor, and
(b)the Lord Chief Justice.
(3)Sub-paragraph (2)(a) does not require the approval of the Lord Chancellor for practice directions to the extent that they consist of guidance about—
(a)the application or interpretation of the law;
(b)the making of judicial decisions.
(4)Sub-paragraph (2)(a) does not require the approval of the Lord Chancellor for practice directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only after consultation with the Lord Chancellor (as well as with the approval of the Lord Chief Justice required by sub-paragraph (2)(b)).
Commencement Information
I1Sch. 3 para. 3 not in force at Royal Assent, see s. 51(4)
I2Sch. 3 para. 3 in force at 28.6.2023 by S.I. 2023/631, reg. 2